Election results

Standing in Civil Actions

Result

Votes

Percentage

aYes

1,102,237

74.2%

No

382,714

25.8%

Text of measure

The language that appeared on the ballot:

A person who wins a civil lawsuit may receive two types of damages-compensatory and punitive. Compensatory damages are awarded to compensate the injured party for the injuries sustained by making good or replacing the loss caused by the injury. Punitive damages are awarded in excess of compensatory damages to punish the person sued for a serious wrong and to discourage others from engaging in similar wrongful conduct.

Proposition 102 would prohibit a person who wins a civil lawsuit from receiving punitive damages if the person is present in this state in violation of federal immigration law related to improper entry.

Supporting Arguments

The Honorable Russell Pearce, Arizona House of Representatives, Mesa stated:

Illegal aliens can not be allowed to exploit our court system. Winners in a civil lawsuit receive two types of rewards: They can be compensated for their losses or they may receive punitive damages in addition to compensation. This referendum properly denies illegal immigrants from receiving punitive damages or rewards in any civil lawsuit. It makes no sense for a person who breaks the law by illegally entering and remaining illegally in the United States to profit from a civil proceeding. Plain and simple: courts of law should not reward lawbreakers. We discourage illegal immigration when it is broadly known that the courts of Arizona will not overlook any person's illegal status. By enacting this referendum we discourage illegal aliens from suing American citizens with the expectation of receiving big rewards.

Opposing Arguments

Kevin G. Rogers, President, Arizona Farm Bureau, Mesa Stated:

We understand and share the mounting frustration Arizona citizens have regarding the failure of the federal government to act in a responsible and comprehensive fashion regarding border security and immigration. We tend to want to lash out and do something.

This measure would block undocumented immigrants from being able to obtain punitive damages. Punitive damages are reserved for gross negligence or willful and malicious conduct. This proposition says that for a certain class of people, gross negligence against them can be excused.

We think most Arizonans would consider that unfair and look beyond their frustration with federal lawmakers that are not adequately dealing with border security, enforcement and visa reform and vote NO on this proposition.